# In the matter of EXPERTUS INFOTECH PRIVATE LIMITED

> NCLT judgment dated 2025-08-20. Citation: TCN-2025-NCLT-01246. The application was filed under Sections 33 & 34 of the Insolvency & Bankruptcy Code, 2016 by…

- **Court:** NCLT
- **Order date:** 20 Aug 2025
- **Citation:** TCN-2025-NCLT-01246
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/expertus-infotech-private-limited-31653dea

## Summary

### Background

The application was filed under Sections 33 & 34 of the Insolvency & Bankruptcy Code, 2016 by Rosita Fernando, the Resolution Professional (RP) of Expertus Infotech Private Limited, seeking liquidation of the Corporate Debtor.

## Facts

The Corporate Debtor, Expertus Infotech Private Limited, was admitted into CIRP on 20.12.2024.

Rosita Fernando was appointed as the Resolution Professional (RP).

The CoC was formed with operational creditors as no financial creditor claims were received.

The CoC resolved to liquidate the Corporate Debtor due to its defunct status and lack of assets.

The RP conducted transaction audits and identified issues with written-off receivables and asset disposal.

The Corporate Debtor's bank account with ICICI Bank became dormant, and a new account was opened with IDFC First Bank.

The Corporate Debtor had written off a sum of Rs.8.40 Lac due from its Director, Mr Srinivas Krishnamurthi, who is now living in USA.

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should order the liquidation of the Corporate Debtor based on …

**Ratio:** As per the Insolvency and Bankruptcy Code, 2016, the Adjudicating Authority can order

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**Reasoning:** The CoC, comprising operational creditors, resolved to liquidate the Corporate Debtor due

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**Interpretation:** The Adjudicating Authority interpreted the CoC's decision and the RP's findings

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**Application:** The Adjudicating Authority applied the provisions of the IBC, 2016 and ordered

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## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Appellants:** Rosita Fe…
- **Respondents:** Expertus Infotech…
- **Other parties:** Committee of…; Srinivas Krishnamu…; +7 more
- **Advocates:** Clara Heps…; Prashan…

## Timeline

- **2024-12-20 — Commencement of CIRP &…**: CIRP commenced and Interim Resolution…
- **2024-12-24 — Publication of…**: Public announcement was issued in…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 33(2) — Initiation of liquidation](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-33)

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